POLS 1101 Lecture 14 Outline of Last Lecture I Puzzle II Principals and Agents in the Executive Bureaucracy III Drif IV Bureaucratic Drif and Coalitional Drif V Bureaucratic Capture VI Motivations of Bureaucrats VII Bureaucrats as Lawmakers VIII Political Influences on the Bureaucracy A Oversight B Interest Groups IX Iron Triangle X In Comparison Bureaucratic Traditions XI Revisiting the Puzzle Outline of Current Lecture I Constitutional Basis II Federal Court Structure III Federal Appeals Courts Circuits IV State Courts and the Electoral Connection V Establishing Judicial Power VI Marbury v Madison 1803 VII Supremacy of Federal Courts and Federal Law Current Lecture I Constitutional Basis Article III establishes Supreme Court Judiciary Branch Judicial authority shall be invested in a Supreme Court Congress can make subordinate courts Checked by Congress and the president a President appoints b Senate gives advice and consent let the president know that they consider certain nominees to be the best for a certain position i Confirmation ii Senatorial courtesy c Congress funds the courts II Federal Court Structure Judiciary Act of 1789 created lower courts a District courts are the lowest level b Circuit courts of appeal above them Amendments expanded this structure a 94 federal district courts b Organized into 13 circuits c Each circuit has a court of appeal III Federal Appeals Courts Circuits IV State Courts and the Electoral Connection Separate hierarchy from federal courts We elect our judges Each state sets up their own courts Many states elect judges and prosecutors a Georgia elects appellate court judges in nonpartisan elections V Establishing Judicial Power Little in the Constitution regarding judicial checks on other branches a Closest clause Article III Section 2 extends judicial power to all cases arising under this Constitution Powers established over time a Judicial review b Supremacy of federal courts VI Marbury v Madison 1803 VII Judiciary Act of 1789 also allowed federal officials to ask court for a writ of mandamus Midnight appointments Court in a vulnerable position a A ruling for Marbury would likely be ignored b A ruling against Marbury would confirm subordinate status Clever opinion written by Marshall established the procedure of judicial review Supremacy of Federal Courts and Federal Law Marshall also asserted federal court supremacy over state law and courts a McCulloch v Maryland 1813 i A state cannot tax the national bank b Gibbons v Ogden 1824 i Congress can regulate interstate commerce Supreme Court as Court of Last Resort a Resolves conflicts between the states and national government different branches and parties or candidates
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